Terms of Service

1. Agreement to Terms

By accessing or using the Onyx Transportation App ("Service") provided by Taz Software, LLC ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

The Onyx Transportation App is a web-based software application designed to help businesses manage transportation operations, including trip planning, driver assignment, location management, and reporting. The Service is provided on a subscription basis with various pricing tiers.

3. Account Registration

To use the Service, you must:

• Create an account by providing accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and identification
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Subscription and Billing

4.1 Free Trial

New users may be eligible for a free trial period. The trial period is 14 days and provides access to Basic tier features. No credit card is required to start a trial.

4.2 Subscription Plans

We offer multiple subscription plans (Free, Basic, Premium) with different features and pricing. Subscription fees are billed monthly in advance. By subscribing, you authorize us to charge your payment method for the subscription fee.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Your subscription will remain active until the end of your current billing period. After cancellation, you will continue to have access to the Service until the end of your paid period.

4.4 Refunds

Subscription fees are non-refundable except as required by law. We do not provide refunds for partial billing periods.

5. Data Retention and Deletion

5.1 Active Subscription Period

While your subscription is active, all data associated with your account (including trips, drivers, locations, custom fields, reports, and user accounts) is stored securely and remains accessible to you.

5.2 After Subscription Cancellation

When you cancel your subscription:

• Grace Period: You retain full access to your data until the end of your current billing period.
• Data Export: We recommend exporting any data you wish to retain before your subscription period ends. You can export reports and data through the Service's export features.

5.3 Post-Cancellation Data Retention

After your subscription period ends and your account is downgraded to the Free tier or becomes inactive:

• 30-Day Retention Period: Your data will be retained for 30 days after your subscription ends. During this period, you can reactivate your subscription to regain full access to your data.
• Data Deletion: After 30 days of inactivity or if your account remains on the Free tier, we reserve the right to:
• Delete or archive historical data that exceeds Free tier limits
• Remove access to premium features and associated data
• Permanently delete data that is no longer accessible under the Free tier
• Account Deletion: If your account remains inactive for 90 days, we may permanently delete your account and all associated data.

5.4 Data Export Before Cancellation

We strongly recommend that you export all data you wish to retain before canceling your subscription. The Service provides export functionality for reports and data. We are not responsible for data loss if you do not export your data before the retention period expires.

5.5 Backup and Recovery

While we maintain regular backups of our systems for disaster recovery purposes, these backups are not intended for individual account data recovery after deletion. Once data is deleted, it cannot be recovered.

6. License and Intellectual Property

6.1 Service License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your active subscription period.

6.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove any proprietary notices or labels from the Service
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service or its related systems
• Share your account credentials with others
• Use the Service to compete with us or to build a competing service

6.3 Ownership

All rights, title, and interest in and to the Service, including all intellectual property rights, remain the exclusive property of Taz Software, LLC and its licensors.

6.4 Your Data

You retain all ownership rights to the data you upload or create using the Service. By using the Service, you grant us a license to use, store, and process your data solely for the purpose of providing the Service to you.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any malicious code, viruses, or harmful data
• Interfere with or disrupt the Service or servers
• Collect or harvest information about other users
• Impersonate any person or entity

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Unforeseen technical issues
• Force majeure events

We are not liable for any damages resulting from Service unavailability.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service will cease immediately, and the data retention policies outlined in Section 5 will apply.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAZ SOFTWARE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

12. Indemnification

You agree to indemnify and hold harmless Taz Software, LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Service or violation of these Terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15. Contact Information

If you have any questions about these Terms, please contact us:

• Support: support@tazsoftware.biz
• Sales: sales@tazsoftware.biz
• Website: tazsoftware.biz